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Home My WebLink About; Paul & Magdalena Ecke Poinsettia Foundation; 1995-0122198; Easement.i 1 Q'i, 2 3 4 5 6 7 a 9 10 11 12 13 14 db' l5 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE 161 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District ) Engineering Department 1 5950 El Camino Real 1 Carlsbad. California 92008: '. ) I OFFICIAL RECORDS S8N OIEGO COUNTY RECORDER'S OFFICE GREGORY SilITH, COUNTY RECORDER FEES: 0.00 1236 NA .* i, .Ei#ace ab$Ve this line for .. ,R&cor&@t;'s :use. ,. ,, ., Assessor's Parcel'&. 211-021-23. 24 Project Name & No. pea SOUP Anderson - Paseo Del Norte . .~:~, ~ .~ ,. CarlsbaU Ranch - CWD 94-WW ". ,. DOCUMENTARY TRANSFER TAX: . None .,. ~ '. .. ,. CARLSBAD MUNXCIPAL WATER DISTRICT Board ,of DirectOrs does hereby grant to CARLSBaD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all , natural and artificial drainage ditches and structures of any kind, I 1 3/14/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 1237 whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but"'1iniited to, erosion control facilities, fences,' gates, doors, iocI&ng de+xi&&, alarms, lights, and all other prokktive facilities and 'devi&&. The use shall also includWa means of access to and from said4 1-ity for the purpose of -(Zonstructing, operating, repairin'q;:." maintaining, inspecting and'reconstructing said facility. .. '," ". . '. ' ..,"' ,. '.. 'The ..'uses described herein 'shall be ex Grantee." G'rZiritor herein agrees that no buildings a will be erected, walls cons'kructekT,:fencek.built nor trees planted, nor may the easemene,'be used kip:t6&' Grantor .'or .e$y other person or entity, including.,otfler utilitiek,' whether p&ic or private, for uses whether 'compatkble or iile at5ble ,wih ' the . Oses described herein without the expras~,.'irri~n..~ppr~~l of the Grantee. ',. ,, . :. .. , . *~, .,.' ' " ., ., .. ,. ,. ., ,, ., /// /// /// /// /// /// /// /// /// /// ..: . ' .. I. ' _. ,. ., , .I . ., , , ,_ 2 3/14/91 REV. I1 1238 LOCATION OF THE EASEMENT: 2 The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit lgBll attached hereto and by this reference made a part 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 hereof. .. 3 3/14/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 Executed by the GRANTOR this &.day Of MWCh , GRANTOR : PAUL AND MAGDALENA ECKE POINSETTIA FOUNDATION, a , ''California nonprofit public .. Ttustee of the 'P Trust dated Sep$eilab ,' Pi& 'Ecke,. Sr. ,. Trust dated S$ptem&r ,8., ,1983 . .. the P&uI,.ECke; sr., Trust dated ., SeptepU3(ir 8, 1983 .. , , ., . ,~ the Paul Ecke, Sr., dated September 8, 1983 4 3/14/91 REV. 1240 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907 State of California County of San Dieso on March 13, 1995 before me,Karen A. Phelps, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC NAMEIS) OF SIGNER(S) cid personally known to me - ~~~M~r~~~~/~~~~~~/~~~~~/~~~~~~~/~~~~~ to be the person($] whose name0 islkth subscribed to the within instrument and ac- knowledged to me that hel$"executed the same in hislplpl/@pjy authorized capacity(@$], and that by his/!f&t/t" signature@) on the instrument the personm, or the entity upon behalf of which the personAp) acted, executed the instrument. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT CORPORATE OFFICER Easement TITLE OR TYPE OF DOCUMENT TITLE@) four ( 4)plus exhibits NUMBER OF PAGES March 10, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTIN(1ES) Ball, Eealy, Winter Paul & Magdalena Ecke SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION * 8236 Rernrnel Ave.. P.O. Box 7184 - Cancga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1241 NO. 5907 County of Qk’A-dG2T On rl\mA 10 I y?s before me, d;+ h .t( .T.~;S personally appeared &Ll t4J - W;N-Cee! -+ R bd& M/:dd DATE NAME, TITLE OF OFFICER - E.G.. “JANE DOE, NOTARY PUBLIC NAMEIS) OF SIGNERIS) I 0 personally known to me - OR - @proved to me on the basis of satisfactory evidence subscribed to the within instrument and ac- knowledged to me that he/she@ executed I , to be the person(s) whose name(s) is/@ I the same in hidher/@ authorized w+e*w*HI 7 or the entity upon behalf of which the I I I I I I I I capacity(ies), and that by his/her/ I signature(s) on the instrument the person F s), MymY2wm WITNESS my hand and official seal. I I ?& +&L-QJ COMM. #001401 5 EDITH K. DAVIS person(s) acted, executed the instrument. NOTARY WBhlC I CHlFoRmA -..+4.w+- I I SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLEIS) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 A1TORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER 0 GENERAL DATE OF DOCUMENT N SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 1242 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907 personally appeared 0 personally known to me - OR -w proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT c] INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nnw 0 PARTNER@) 0 LIMITED 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER 0 GENERAL NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canaga Park. CA 91309-7184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1243 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 3/</95 , from PAUL AND MAGDALENA ECKE POINSETTIA FOUNDATION, AS TO AN UNDIVIDED 1/2 INTEREST AND C. WlLLlAM DEALY JR. AND RUTH ~E&Y AND RAY W. WINTER AND BARBARA WINTER. SUCCESSOR TRUSTEE OFTHE PAUL ECKE, SR. TRUST DATED SEPT&4BeR,8, 1983, AS TO AN UNDIVIDED 112 INT&i%W to the Carlsbad Muiticipal Water District, Carlsbad, California, a Md&ipal Water District Act of 1911,,as mended, is hereby accepted by the undersigned- behalf of theW6bad Municipal Wat& District, Carlsbad, California, conferred by Resolution No. 773 d t Sbad"Mur%cipal Water District adopted on January 28,1992, andtfie'&ntee co recordation# .'by'its duly authorized ,.' , ,. ,. '. ,a '":: .. , '. I Aletha L. Rautenkranz, Secrdtary CMWD 94-504 1244 PARCEL 2 & 3, MAP NO. 11284 2120195 CSK PAGE 1 C.M.W.D. 94-504 EXHIBIT “A” WATERLINE EASEMENT ALL THAT PORTION OF LOT “H“ OF RANCHO AGUA HEDIONA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMRER 16, 1896, OF OFFICLU RECORDS, BEING A STRIP OF LAND 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT ‘‘A”, AS DESIGNATED IN PARCEL 1 OF THE PUBLIC ROAD, SEWER, WATER AND UTILITY EASEMENT RECORDED NOVEMBER 30, 1972 AS FILE NUMBER 320457 OF OFFICIAL RECORDS; THENCE SOUTH 67’ 30’ 38’ WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE NORTHWESTERLY PROPERTY LINE OF PARCEL 3 OF PARCEL MAP 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981; THENCE ALONG SAID CENTERLINE SOUTH 22O ’ 29’ 22” EAST, 4.38’ TO THE BEGINNING OF A TANGENT 590.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25” 29’ 22” AN ARC DISTANCE OF 267.62 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 3’ 30’ 00” WEST, 68.45 FEET TO A POINT HEREAFTER REFERRED TO AS POINT “B”, THENCE CONTINUING SOUTH 3’ 30’ 00” WEST, 227.67 FEET TO THE BEGINNING OF A TANGENT 610.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29’ 21’ 02” AN ARC DISTANCE OF 312.48 FEET TO A POINT IN THE SOUTHEASTERLY RADIUS CURVE THROUGH A CENTRAL ANGLE OF 56’ 51’ 53” AN ARC DISTANCE OF 605.41 FEET TO A POINT HEREAFTER REFERRED TO AS POJNT “C”; THENCE CONTINUING ALONG SAID 610.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1” 55’ 23” AN ARC DISTANCE OF 20.47 FEET; THENCE TANGENT TO SAID CURVE SOUTH 84’ 38’ 18” EAST , 90.00 FEET MORE OR LESS TO THE SOUTHWESTERLY LINE OF AN EXISTING 86 FOOT PUBLIC ROAD AND UTILITY EASEMENT (KNOWN AS PASEO DEL NORTE), RECORDED OCTOBER 21, 1985 AS FILE NUMBER 85-390633, OFFICIAL RECORDS. LINE OF SAID PARCEL 3; THENCE CONTINUING ALONG SAID 610.00 FOOT EXHIBIT "B" POINT h POlNT OF BEGINNING ". nETAIL ,I I, NO SCALE NO SCALE 1245 LOCATION MAP 1clL)v